Data controllers cannot sub-contract their obligations under data legislation

Following the ICO’s first fine under the GDPR in December since it came into effect, we revisit how the decision confirmed that the presence of a sub-contractor does not absolve a data controller of its responsibilities and obligations under the GDPR to ensure the security of any processing undertaken by it or on its behalf.

Related briefings

A fast-track for beautiful developments?

The Government has published its long-awaited white paper on planning reform, which seeks views on 24 proposals. In this legal insight we look at the key areas that have been targeted for reform.

Recent changes to planning: an overview

There have been several changes to the planning system in recent months, reflecting the response to Covid-19 and most recently in support of the Prime Minister’s evocation to ‘build, build, build’.

Fragmentation on TUPE business transfers – Splitting the difference

A recent case heard by the Court of Justice of the European Union (CJEU) – ISS Facilities Services NV v Sonia Govaerts & Atalian NV – has looked at what happens when a transfer takes place under the Acquired Rights Directive (ARD) where there is a transfer from a single business to multiple incoming businesses, i.e. post-transfer ‘fragmentation’.

Service out: helpful rulings for claims involving international finance

In the recent related cases of Punjab National Bank International Limited v Vishal Cruises (Private) & others and Punjab National Bank International Limited v Passat Kreuzfahrten GmbH & others, the defendants’ challenges to jurisdiction were rejected. In so doing, the English Commercial Court provided helpful rulings for international banks in the context of applications to serve proceedings out of the jurisdiction, including the place for performance of guarantees, compliance with laws local to the finance obligors, and in relation to service under the Hague Convention.

Furloughed employees redundancy pay protected

The government has announced that it is introducing a new law which will require that redundancy pay for employees on furlough leave is based on their normal rate of pay.

Latest Briefings

Cayman Islands administrative fines regime for insurance licensees

By Rob Humphries The Monetary Authority (Administrative Fines) (Amendment) Regulations, 2020 (the “Amendment Regulations”) came into force on 26 June 2020. The Amendment Regulations serve to amend Schedule 1 of the Monetary Authority (Administrative Fines) Regulations (2019 Revision) (the “Fines Regulations”) and extend the scope of the fines which may be levied by the Cayman […]

Rules authorising the cultivation and industrial exploitation of varieties of hemp

There is a huge amount of interest in hemp cultivation, both for medicinal and cosmetic purposes, and for industrial use, in particular, the production of fibre, seeds and other products linked to agro-industry. As a consequence, the Government has legislated to positively discriminate in favour of the production of hemp for industrial purposes, to remove the risk of illegal practices.

Recommended

Recruit legal talent

Get your role in front of over 300,000 legal professionals when you advertise with The Lawyer. Our team of experts provide bespoke solutions to help solve all your recruitment challenges.

Find out more